Motion to Delay Judge's ruling on the Video

[MAMABEAR]

No, I don't. For one very big and very important reason- he objected to the gag order (Protective Order).

You know the old saying ... you make your own bed .....

Franks! I feel all better. Whew!

 

[JSR]

Sleuths, is it possible that KC's expression conveyed outrage, not anguish, when she looked at the television set? Is it possible it looked as if she crying because she was angry (perhaps she was so angry she couldn't even swallow, as in the CA jail tape)? As we know from that jail tape, KC is extremely unappealing when she's angry.

Yes, I do. I think the Judge saw only ONE way to interpret her reaction (whatever that might be), and it wasn't in her favour. Otherwise, if it could have been interpreted in two different ways he would have more grounds to release it, and he didn't.

 

[faefrost]

Talkin heads on NG are saying the guards will be called as witnesses. But ya'll been saying not unless State calls em.

But JB has already brought there sworn detailed and extremely compelling testimony and observations into the record, from when he deposed them. Yes he got the Lt to admit that the whole thing seemed mean, but it does not lessen or blunt the detailed descriptions of her actions and statements in front of very professional seeming LE officers who were testifying under oath.

I am still not seeing the upside to all of this. By making such a huge deal about all of this it seems like he has made it so the SA will be more prone to use the video at trial, and has long term made it alot easier for the SA to use the video, or failing that the defenses own depositions of the guards.

Unless the video shows her butchering cats in Boston I can't imagine how it could be worse long term or more prejudicial then what keeping it out has cost?

 

[Friday]

Yes, I do. I think the Judge saw only ONE way to interpret her reaction (whatever that might be), and it wasn't in her favour. Otherwise, if it could have been seen in two different ways he would have more grounds to release it, and he didn't.

Yes, exactly, JSR! And if it wasn't something she said, or something she did, it must be the way she looked--her expression on her face.

 

[beach]

Will we definitely see it at trial?

The thing is...Judge Strickland has been pretty fair. If he says this is highly inflammatory, I don't think then that the reaction is up for debate in terms of how people might see it. There is more than "This can't be happening!" or whatever she is said to have said. I'm thinking there has to be some kind of startling visual. We've read what has been said to have happened and to me it doesn't sound that bad. It sounds like it could be a natural reaction of grief or surprise. So what did the judge SEE?

My curiosity has been racheted up to an incredible level by what Strickland said. I want to see that video so badly I could just pee myself, really.

If the SA opts to move the court to admit it at trial, I believe Judge Strickland will allow it to show 'consciousness of guilt'. He can let the jury decide how to interpret it.

 

[Sundance]

I hope and pray you are right - because if the defense gets away with this, I fear there is no stopping them - kind of like when you let a kid (KC) get away with lying over and over again. It does spiral out of control.:waitasec:

I don't think Judge Strickland is a Lance Ito, so I hope to see him put the brakes on any nonsense.

Of course, as Miss James pointed out just a few posts ago,

:::waves to Miss James:::

once it goes to trial and we learn all that Jose knows, which should only take about a day and a half, then we will understand the whole thing. Probably all just a misunderstanding you know. Probably.

And I think that as just as soon as Jose finds out who this Sunshine person is that keeps leaking all this information he will deal with him promptly and in a manner suited for such actions.

:thumb:

 

[JSR]

Yes, exactly, JSR! And if it wasn't something she said, or something she did, it must be the way she looked--her expression on her face.

I couldn't agree more. And as cliche as it sounds, a picture really is worth a thousand words.

 

[JWG]

I don't think Judge Strickland is a Lance Ito, so I hope to see him put the brakes on any nonsense.

Of course, as Miss James pointed out just a few posts ago,

:::waves to Miss James:::

once it goes to trial and we learn all that Jose knows, which should only take about a day and a half, then we will understand the whole thing. Probably all just a misunderstanding you know. Probably.

And I think that as just as soon as Jose finds out who this Sunshine person is that keeps leaking all this information he will deal with him promptly and in a manner suited for such actions.

:thumb:

Thanks Sundance. I truly believe you are correct. Strickland is (thanfully) no Ito.

 

[MissJames]

Franks! I feel all better. Whew!

You should MamaBear.What's JB gonna say? Gee,Judge,I keep messing up and the prisoner's parents have not shut up! Can we please go somewhere where they don't know us? :boohoo:
What has come out from the investigation has come out under FL's Sunshine Laws.
The real damage to KC's case has come from JB and the A's.

 

[MissJames]

You should MamaBear.What's JB gonna say? Gee,Judge,I keep messing up and the prisoner's parents have not shut up! Can we please go somewhere where they don't know us? :boohoo:
What has come out from the investigation has come out under FL's Sunshine Laws.
The real damage to KC's case has come from JB and the A's.

Oh yeah! I forgot KC! She's done some damage ,too.

 

[FORDANIEL]

FWIW, Judge Strickland decided to seal the video. We know the prosecution asked him to hurry up and rule so as to have Baez quit wasting their time over it and move on to the real heart of the matter - the murder trial.

What I found interesting is his comment "it is not unreasonable to assume that many persons in the potential jury pool might view this video and develop a 'hardened' attitude in reference to the defendant's guilt".

Must be one heck of a video. Wonder if he will allow it at trial. :waitasec:

I think the judges words speak volumes-it served it's purpose and I hope it is allowed at trial:bang:

 

[Marina2]

The descriptions we've heard of KC's reaction to the find don't seem any more damning to me than what we've already seen and heard in her visitation videos and phonecalls (especially that first one, "All they care about is finding Caylee..."). Judge Strickland didn't find these too inflammatory to release. That says to me that he saw something much worse than what we've read about in the depos. Hyperventilating, collapsing in a chair, needing a sedative, etc. doesn't even seem as inflammatory as what we've seen in the videos and heard in her calls and JS ok'd them.

If this is the case, I think JB was in a damned if you do/damned if you don't situation. If he didn't fight the video, we would've seen what the judge saw. By fighting the video we only know about the not-so-inflammatory stuff described in the depos. Maybe he just opted for the latter being it was the lesser of the two evils?

If not, JB is truly deficient in particular areas. If her only reaction was what we already know about, he most definitely got played.

I think there's something in that video over and above what we've heard about. I would love to see it but not at the expense of this trial.

 

[FORDANIEL]

The descriptions we've heard of KC's reaction to the find don't seem any more damning to me than what we've already seen and heard in her visitation videos and phonecalls (especially that first one, "All they care about is finding Caylee..."). Judge Strickland didn't find these too inflammatory to release. That says to me that he saw something much worse than what we've read about in the depos. Hyperventilating, collapsing in a chair, needing a sedative, etc. doesn't even seem as inflammatory as what we've seen in the videos and heard in her calls and JS ok'd them.

If this is the case, I think JB was in a damned if you do/damned if you don't situation. If he didn't fight the video, we would've seen what the judge saw. By fighting the video we only know about the not-so-inflammatory stuff described in the depos. Maybe he just opted for the latter being it was the lesser of the two evils?

If not, JB is truly deficient in particular areas. If her only reaction was what we already know about, he most definitely got played.

I think there's something in that video over and above what we've heard about. I would love to see it but not at the expense of this trial.

This entire ruling is smart---very smart Imo-Way to go judge S---And I was beginning to have some doubts--even if I REALLY wanted to see it---I can wait -for the sake of Caylee---again his ruling spoke volumes.

 

[cyberborg]

I don't think there are beaches there for KC to go to when she's acquited!

There are some good labor camps in North Korea though......:behindbar

 

[cyberborg]

Until today, these have been exactly my thoughts too, but Judge Strickland's statement that "many persons in the potential jury pool might view this video and develop a 'hardened' attitude in reference to the defendant's guilt" made me start thinking outside the box....

I kept wondering what could possibly "harden" us--or any juror--to any mother who collapses into a chair, doubles over, and hyperventillates while watching news that a little child's remains were found right down the street from her house. Even if the mother were innocent, of course she'd assume it must be her child--I would!

THEREFORE, there has to be something else about KC's emotional reaction that would harden a jury instead of soften it. We already know what her physical reaction was, and no one has given us reason to think she said anything wrong. Hmmmmmm. I wonder what her facial expression conveyed... Do you remember our negative ("hardened") reaction to the jail video with KC and CA, when KC's face turned angry.

Sleuths, is it possible that KC's expression conveyed outrage, not anguish, when she looked at the television set? Is it possible it looked as if she crying because she was angry (perhaps she was so angry she couldn't even swallow, as in the CA jail tape)? As we know from that jail tape, KC is extremely unappealing when she's angry.

I firmly believe KC's facial expression was one of 'drat' or 'd@mn' because the "Caylee is Alive" ruse and search was at its strongest (CAGA in CA with LKL) and there were things going on behind the scenes with DC and JB, maybe a plea deal?

KC's increasing optimism and hopes were dashed by this news and she looked very disappointed and pi$$ed.

 

[Just Jayla]

If KC was carrying around a ZG22 ID and all else adds up after that, there will be no need for this video anyway. Silver lining might be that the state is setting their ducks in a meticulous row, with the ID at the genesis, and going through all of the proper motions-Including having given KC an early opt-out with immunity, and a very long time to think about taking it.
The state did not appear to be salivating to have this released, and the media did not even show up for the first hearing, IIRC.

 

[reeseeva]

I think the judges words speak volumes-it served it's purpose and I hope it is allowed at trial:bang:

What else is there to say, after Strickland's declarations and wording regarding this video.....After all, He is a Judge, and he Judged this video as Inflammatory to the defendant, and it's release would harden a potential jury pool, as to her guilt What else needs to be said?:clap::clap::clap:

The Defense got their wish, and then suckerpunched with Judge Strickland's clear reasons to keep it sealed. Bet the Defense wishes they could seal his comments

I believe he will now release the Autopsy Report.

 

[Marina2]

What else is there to say, after Strickland's declarations and wording regarding this video.....After all, He is a Judge, and he Judged this video as Inflammatory to the defendant, and it's release would harden a potential jury pool, as to her guilt What else needs to be said?:clap::clap::clap:

The Defense got their wish, and then suckerpunched with Judge Strickland's clear reasons to keep it sealed. Bet the Defense wishes they could seal his comments

I believe he will now release the Autopsy Report.

Yep, he's the judge and I believe him if he says the video would be highly inflammatory. Good thing he sealed it! :woohoo:

Next will be a motion from JB to recuse the judge because of his inflammatory remarks about KC which prevent her from receiving a fair trial.

 

[azwriter]

Okay sleuthers, I need some help.
As I understand it, Casey has a radio in her cell. Right?
So, was she listening to the radio coverage of the body's discovery on Dec. 11 before she was taken to the health care area?
For some reason I have the idea in my head that she was already aware a body had been discovered before she was removed from her cell.
If that is the case, why would she react so physically tramatic when she came within sight of a television screen?
Can anyone clue me in on this - did she hear it before she saw it?
thanks.

 

[MAMABEAR]

KC was listening to the radio and when the guard was her walkin her down, she told them good because there was something goin on and she wanted to see what it was.